This Agreement was last updated on August 22, 2019.
We control and operate this Site from the United States of America. If you are a non-US resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any references to products or services on the Site do not imply that UCB intends to announce or offer these products or services in your country.
3. Registered Users
UCB reserves the right to limit access to certain areas of the Site to certain users who register and meet the qualifications imposed by us. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete by contacting us. We reserve the right to discontinue access to any restricted area of the Site at any time, without notice to you, for any reason.
If you are or become a registered user, you are responsible for maintaining the confidentiality of your User ID and password, and you are fully responsible for all activities that occur under your password or account. If you become aware of unauthorized use of your User ID and password, you agree to immediately notify UCB.
5. SMS Alerts and Updates
This Site allows you to register to receive four (4) SMS alerts and updates from UCB per month. When you opt in to the service, we will send you an SMS message to confirm your signup.
You may be required to send an SMS message to 50566 in order to do the following:
- To stop all NAYZILAM messages, text “STOP.”
- To get help regarding this service, text “HELP.”
We are able to deliver messages to the following mobile phone carriers:
Major carriers: AT&T, Verizon Wireless, Sprint, and T-Mobile USA
Minor carriers: Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless).
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive four (4) messages per month. If you have any questions about your text plan or data plan, it is best to contact your service provider.
6. Modifications to Site
UCB reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. UCB shall not be liable to you or any third party in the event that UCB exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to this Agreement.
7. No Medical Advice
The information on this Site is provided for general informational purposes only and is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition or treatment.
8. Intellectual Property Rights
The entire content included in the Site, including without limitation, the text, design, graphics, interface, sounds, music, video, interactive features and the like and the selection and arrangement thereof (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to UCB, its affiliates or subsidiaries, and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.
All Content on the Site is provided to you AS IS for your information and personal use only.You may download, view, copy and print Content, subject to the following conditions:
- the Content may be used solely for personal, informational, or internal business purposes;
- any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
- the Content may not be modified or altered in any way; and
- no graphics may be used separate from accompanying text.
Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of UCB. Requests for such permission should be made by contacting us. Any rights not expressly granted herein are reserved. Please be advised that UCB enforces its intellectual property rights to the fullest extent of the law.
9. User Submissions
To the extent that you add, upload, transmit, post, communicate, or store any content on the Site or otherwise submit any content for use by UCB (“User Submissions”), you are solely responsible for all of the information, statements, facts, and material contained in such User Submissions.
In connection with any User Submission you may submit, you agree not to transmit, distribute, post, communicate or store information or other material on, to, or through the Site that:
- is copyrighted, unless you are the copyright owner;
- infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- reveals a trade secret, unless you own it;
- contains falsehoods or misrepresentations that could damage UCB (its successors and assigns) or any third party;
- is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by UCB, in its sole discretion;
- is illegal or otherwise objectionable;
- constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes.
You understand that UCB does not guarantee that it will publish or maintain your User Submissions on the Site. UCB may remove User Submissions at any time, without prior notice and at its sole discretion. Moreover, UCB does not guarantee any confidentiality with respect to any User Submissions that you choose to add, upload, transmit, post, communicate or store on the Site or that UCB otherwise may receive from you.
UCB does not claim ownership of your User Submissions. However, by adding, uploading, transmitting, posting, communicating, or storing such User Submissions on the Site or by otherwise submitting such User Submissions to UCB, you agree to and hereby grant UCB, its successors and assigns, and the operators of the Site a worldwide, non-exclusive, royalty free, perpetual, irrevocable, transferable, and sub-licensable license to use, edit, modify, copy, reproduce, distribute, transmit, broadcast, display, create derivative works of, publish, perform, adapt, and display such User Submissions on or in connection with the Site and for such other purposes as UCB (its successors and assigns) may deem appropriate, in all media formats and in all media channels now known or later developed. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.
10. Prohibited Uses Generally
You agree not to:
- delete or revise any material or other information of any other user or UCB;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from UCB on the Site and other than generally available third-party Web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer);
- attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site;
- solicit UCB members and guests to join outside sites or online services or organizations; or
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges.
You further agree not to violate or attempt to violate the security of the Site, including, without limitation:
- accessing data not intended for you or logging into a server or account that you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
- attempting to interfere with service to any user, host, or network.
Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, UCB will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
11. Third-Party Content and Links to Third-Party Websites
12. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide UCB’s Copyright Agent with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Site that is requested to be removed;
- your name, address, and daytime telephone number, and an e-mail address if available, so that UCB may contact you if necessary;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
UCB’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached by contacting us.
UCB will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely. Please note that UCB may notify the individual who submitted the allegedly infringing material, and such person has the right to send UCB a counter-notification under applicable law and, if valid, the law requires the removed material to be restored. UCB will not be a party to disputes over alleged copyright infringement.
13. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UCB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. UCB MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. UCB SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UCB OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14. Limitation of Liability
IN NO EVENT SHALL UCB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE UCB FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if UCB has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, UCB’s liability in such jurisdictions shall be limited to the extent permitted by law.
15. No Resale of the Site
Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of UCB.
You agree to indemnify, defend and hold UCB, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of this Agreement.
17. Export Restrictions/Legal Compliance
UCB controls this Site from within the United States of America. You may not access, download, use or export the Site or the Content in violation of US export laws or regulations, or in violation of any other applicable laws or regulations.
18. Choice of Law and Forum
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its choice of law provisions. If there is any dispute between us concerning the Agreement or your access to or use of the Site, we both agree to submit the dispute to non-binding mediation. The mediation will be governed under the rules of the American Arbitration Association, and the venue will be in Georgia.
UCB reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.
20. No Waiver
The failure of UCB to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and UCB as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and UCB and governs your use of the Site. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
UCB may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of UCB.
22. Contact Information
If you have any questions regarding this Agreement or the Site, please contact us.